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    • Hmm, so.. basically have to rely on the default notice not containing all that it should and the claimant misleading the court for the reason for the application.. and judge lottery : /
    • Which would require a hearing....so the fee would be £255.00
    • When providing a copy of an executed agreement in response to a request under section 78(1) of the Act:   a.     must a creditor provide a photocopy (or other form of complete copy) of the original agreement that was signed by the debtor or at least provide a copy which is derived directly from the original agreement or complete copy thereof? or b.     can a creditor provide a document which is a reconstitution of the original agreement which may be from sources other than the actual signed agreement itself?   It was held that a creditor can satisfy its duty under section 78 by providing a reconstituted version of the executed agreement which may be from sources other than the actual signed agreement itself.   The judge accepted that as a matter of law, section 78 does not itself require any particular explanation as to how the copy was made. However, as a matter of good practice and so as not to mislead the debtor, it is desirable that the creditor should explain that it is providing a reconstituted as opposed to a physical copy of the executed agreement. This will also explain why the copy might otherwise look a little odd. The creditor can also explain in the letter that this procedure is satisfactory under the Act. The judge also provided that the following information needs to be included in the reconstituted copy agreement (assuming of course that it was present in the original):   1.     Heading: Credit Agreement regulated by the Consumer Credit Act 1974 2.     Name and address of the debtor 3.     Name and address of the creditor 4.     Cancellation clause applicable to the executed agreement.   All of the above may be provided on a sheet which is separate from the full statement of terms and conditions which also forms part of the reconstituted agreement. The creditor may, however, decide to reconstitute the agreement in a different way so that, for example, the information above is populated electronically onto the same sheet as that which sets out the terms and conditions, or some of them. The judge stated that he did not intend to prescribe the precise form of the reconstituted agreement. The key point is what information it should contain, subject to the point that its format should not be such as to mislead the debtor as to what he agreed to.   The judge also considered whether a statement like the one appearing in the reconstructed application form in Carey referring to the agreement to the terms and conditions "attached" needs to be included in the reconstituted copy. Alternatively if the application form had said "I agree to the terms overleaf", should that statement be included. The judge held that this aspect of the form is not necessary for the purpose of the section 78 copy, although there is nothing to stop a bank from putting it in or indeed from furnishing a copy of the type of application form or signature page that the debtor would have signed, as some banks have done. The statement referring to terms and conditions is not itself prescribed information and the supply of the terms and conditions which were applicable at the time will tell the debtor what he needs to know in terms of the content of what he signed up to, including the presence (or otherwise) of the prescribed terms.   In practical terms what this is likely to mean is that if the creditor chooses to use as the section 78 copy the section 63 copy, which would have been provided to that particular debtor at the time following execution of the agreement, this will be sufficient provided that the information referred to above is supplied. This exercise is not a mere formality. The creditor will need to check carefully that the details of the debtor at the time are correct and that those are the particular terms (including prescribed terms) that he/she agreed to. This is to ensure that it is an honest and accurate copy.   Must a creditor provide a document which would comply (if signed) with the requirements of the Consumer Credit (Agreements) Regulations 1983 (Regulations) as to form, as at the date the agreement was made in order to comply with section 78?   A creditor need not, in complying with section 78, provide a document which would comply (if signed) with the requirements of the Regulations as to form, as at the date the agreement was made.   Must the copy provided under section 78 include the debtor's name and address as at the date when the agreement was made, and if so in what form? The section 78 copy must contain the name and address of the debtor as it was at the time of the execution of the agreement. But the creditor can provide the name and address from whatever source it has of those details. It does not have to take them from the executed agreement itself.     If an agreement has been varied by the creditor under a unilateral power of variation, is a copy of the executed agreement as varied, a sufficient copy for the purposes of section 78(1), or must the creditor provide a copy of the original agreement as well?   If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms.     As your agreement is post April 2007  Section 61(1)(a) and 127(3)   Consumer Credit Act 1974 would not apply.   Andy
    • well start a new thread for the court claim.   as for this one i'd await the letter of claim  
    • Useful information...   And....   https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part55
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phil76

Are they stopping social fund?

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Hope this isn't true,was really helpful when you needed new furniture etc

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I don't think it's stopping as such; but they are meant to be changing it.

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Social fund is changing and this link will explain what changes are happening.

http://www.dwp.gov.uk/local-authority-staff/social-fund-reform/

Community care grants and crisis loans are going to the local authorities,

Crisis loan aligmant of benefits will remain with DWP

Budgeting loans will continue until universal credits is rolled out and will then be replaced by a new system.

 

Sure Start Maternity grants, funeral payments will remain within the DWP

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Social fund is changing and this link will explain what changes are happening.

http://www.dwp.gov.uk/local-authority-staff/social-fund-reform/

Community care grants and crisis loans are going to the local authorities,

Crisis loan aligmant of benefits will remain with DWP

Budgeting loans will continue until universal credits is rolled out and will then be replaced by a new system.

 

Sure Start Maternity grants, funeral payments will remain within the DWP

 

Thanks,do we know how different it will be?

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I don't think it's stopping as such; but they are meant to be changing it.

 

Thank you

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Phil I don't know how different it will be but it will be different, the money that is given to the LA will not be ringfemced so can be spent however it is deemed so may not even be used for the intended purpose iygwim? but also there is nothing published to say that the money won't be used as intended either. :???:

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Phil I don't know how different it will be but it will be different, the money that is given to the LA will not be ringfemced so can be spent however it is deemed so may not even be used for the intended purpose iygwim? but also there is nothing published to say that the money won't be used as intended either. :???:

 

My money is on LA's frittering this fund away as they see fit, it's just another back door method by the DWP to deprive the needy, the same as the new poll tax, they are forcing claimants to take a virtual cut in benefits, they can sit back and say 'well it's not us that's depriving you, it's your LA's fault for not funding the 10% shortfall elsewhere'.

 

Expect more of these shenanigans in the future.


 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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As far as I am aware it was the Government that made the decision to go ahead with Social Fund reforms not DWP.

I personally don't agree with the change either but I'm one little person sat on a chair in a JCP so in the eyes of Parliament my opinion doesn't mean diddly squat!

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Oh, lets not forget that the DWP have now advised that Councils can no longer award DHPs to people who need help with Council Tax costs


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In my defence I know nothing about that id6052 s I am neither a processing officer or work at the LA sorry

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sorry, flumps1976, it was not meant as a criticism of you

 

At the moment, people receiving council tax benefit who need extra help to meet their council tax costs, can apply to the LA for a discretionary housing payment to help meet any shortfall, for example if your council tax is £24 per week and you receive council tax benefit of £18 per week, the LA can award a DHP of up to £6 to help you.

 

In April 2013, when council tax benefit is abolished, and local council tax support introduced, a person in the same position would be ineligible for DHPs. Which seems crazy at the same time that millions of households are suddenly going to have to pay significantly more towards their council tax costs.


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:) It's ok I didn't take it personally, tough hide on me today after all the abuse which I received!

So many changes going through atm and it's just getting worse and worse :(

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At the moment, people receiving council tax benefit who need extra help to meet their council tax costs, can apply to the LA for a discretionary housing payment to help meet any shortfall, for example if your council tax is £24 per week and you receive council tax benefit of £18 per week, the LA can award a DHP of up to £6 to help you.

 

Are you confusing HB and CTB? Discretionary HOUSING payments can only be paid for HB (for private sector tenants) - not CTB.

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Are you confusing HB and CTB? Discretionary HOUSING payments can only be paid for HB (for private sector tenants) - not CTB.

 

This is what I thought.

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Are you confusing HB and CTB? Discretionary HOUSING payments can only be paid for HB (for private sector tenants) - not CTB.

 

nope, not confusing them

 

discretionary housing payments can currently be paid to supplement: -

 

  1. hb/ctb for private sector tenants
  2. hb/ctb for social sector tenants
  3. ctb for owner occupiers


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Still don't understand how the changes are gonna work :/ anytime I've applied for a social fund they've always given me the money,do these changes mean they'll refuse me?i don't understand :(

 

I suffer with depression and anxiety and all these benefit changes make me feel worse,just constant worry all the time it's hell :( :(

 

Just praying I get better soon and find a job and not have all this worry on my mind :(

Edited by phil76

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I don't think anything has been published to determine how it will be from April, but I can forsee a return to something similar to the old system from a few years ago where someone claimed for an item and had to provide quotes from a store or repair bill if necessary, and a cheque payment will be issued or voucher for that particular item.

Not saying that is how it will be just how I think it could be implemented iygwim? just my opinion for what it's worth

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my understanding is that some local authorities are putting funding into their social services departments, but am guessing it will be up to each council how they administer it


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I don't think anything has been published to determine how it will be from April, but I can forsee a return to something similar to the old system from a few years ago where someone claimed for an item and had to provide quotes from a store or repair bill if necessary, and a cheque payment will be issued or voucher for that particular item.

Not saying that is how it will be just how I think it could be implemented iygwim? just my opinion for what it's worth

 

Back in the 80s that how it was if you need to buy cooker, fridges, washing machine, furniture you would need go in a shop and get quote from the seller then take it to your local DSS office then you'll get a giro for the amount quoted! I did that for my cooker, washing machine and bedding back in 1985 but I add a few extra pennies to get something decent! The cooker I bought that time was second hand but lasted me for 17 years and never fail! :)

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